General Ship and Engine Works

National Labor Relations Board - Board Decisions

May 28, 1943

49 N.L.R.B. 1290 (N.L.R.B. 1943)

In the Matter' of CARL ,G. HEDBLOM AND BYRON C. HEDBLOM, Co-
. PARTNERS, D/B/A GENERAL SHIP AND ENGINE WORKS and MUTUAL
SHIPWORKERS' UNION
Case No. R-5280. -Decided May, 28, 1943
Mr. Clarence P. Ford, of East Boston, Mass., for the Company.
Mr. James Charles Roy, ,of , Lyme, Mass., for,the Mutual.
Mr. A. F. Young, of Boston, Mass., for the A. F. of L.
Grant & Angoff, by Mr. Frederick Cohen, of Boston, Mass., Mr.
Edward Malick, of East Boston, Mass., Mr. Joseph E. Hellinger, of
Quincy, Mass., for the C. I. O.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Mutual Shipworkers' Union, herein
called the Mutual, alleging that a question affecting commerce had
arisen concerning the representation of Carl G. Hedblom and Byron'
C. Hedblom, Co-partners, doing business as General Ship and En-
gine Works, herein called the. Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon, due notice
before Thomas H. Ramsey, Trial Examiner. Said hearing was held
at Boston, Massachusetts, on May 3, 1943. The Company, the Mu-
tual, Local 25, Industrial Union of Marine and Shipbuilding Work-
ers of America, C. I. 0., herein called the C. I. 0., the American
Federation of Labor, herein called the A. F. of L., appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on,
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Ship and Engine Works is a partnership, doing business
under the laws of the Commonivealth- of Massachusetts, and is en-
49 N. L. R. B., No. 187,
1290
GENERAL SFIIP AND ENIGINE WORKS 1291
gaged in the operation of a shipyard in East Boston, Massachusetts,
which shipyard comprises two plants known as the Border Street
and Orleans Street plants, situated about a mile and a half distant
from each other, wherein the Company builds and repairs ocean
going vessels. During the year ending November 30, 1942, the Com-
pany purchased for use at its East Boston yard, raw materials of
the value of approximately $1,491,361, of which approximately 90
percent was obtained from States other than the Commonwealth
of Massachusetts. During the same period, the Company built or
repaired ocean going vessels principally on orders from agencies
of the United States Government, receiving for such services the
sum of $2,274,839.69. The Company employed at its East Boston
yard as of April 8, 1943, a total of 971 production and maintenance
employees.
II: THE ORGANIZATIONS INVOLVED
. Mutual Shipworkers' Union is an unaffiliated labor organization,
admitting to membership employees of the Company.
Local 25, Industrial Union of Marine and Shipbuilding Workers
of America is a labor organization affiliated with the Congress of
,'-Industrial Organizations, admitting to membership employees of
the Company.
- The American Federation Iof Labor is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 11, 1943, the Mutual requested that the Com-
pany recognize it as exclusive bargaining representative' for the!,
employees of the Company. The Company declined to recognize
the Mutual or any other labor organization until certified by the
Board.
A statement by the Regional Director, admitted in evidence at
the hearing, indicates that the Mutual and the A. F. of L. each
represents a substantial number of employees in the unit hereinafter
found appropriate?
1 The Regional Director reported that the Mutual had submitted 498 signed application-
for-membership cards of which 80 were dated in February and 397 in March 1943, with 16
undated; that of the 498 cards , 373 bore the apparently genuine original signatures of
persons whose names appear on the Company's pay roll of April 8, 1943 , containing 971
names in the alleged appropriate unit. The Regional Director further reported that the
A F. of L. had submitted 154 signed authorization cards dated in January , February,
March , and April of 1943 ; that of the 154 cards, 144 bore the, apparently genuine original
signatures of persons whose names appear on the Company' s pay roll of April 8, 1943.
The Regional Director stated that 44 persons appear to have designated both the Mutual
and the A. F. of L.
1292 DEoISSO'NS OF NA(rIONAL LABOR-RELAPIONS BOARD
We find that, a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
r
The Mutual, in agreement with the A. F. of L., contends that the
appropriate unit should include the production and maintenance
employees in both plants of the Company. While the Company takes
no position, the C. I. O. contends ' that the employees of each plant
constitute an appropriate unit.
With respect to the issue of a single or separate units, it appears
that the distribution of Company activities, between the two plants
is due to' wartime expansion requiring additional plant space not
available at the Company's original location. The evidence reveals
that substantially similar operations are carried on at both plants,
which not only are subject to the same supervision but also- main-
taro the same wages, hours, and working conditions. In addition,
the record discloses a frequent and considerable interchange of em;
ployees between plants. Under the circumstances, we find that a
single unit covering both plants of the Company is appropriate for
the purposes of collective bargaining.2
At the hearing all parties agreed that there should be excluded
from the appropriate unit the following groups of employees : guards,
firewatchers, expediters, draftsmen, surveyors, first-aid employees,
foremen, assistant foremen, quartermen, leading men and working
leading men, office and clerical employees, and executives. The par-
ties were, however, unable to agree with respect to the inclusion or
exclusion of truck drivers, tinge keepers, and toolroom clerks. The
Mutual desires the inclusion of all three categories. The A. F. of L.
and C. I. O. object to the inclusion of the latter two groups, while
only the,C. I. O.-objects to the inclusion of the truck drivers.
As regards truck drivers,3 it appears that these employees are
ordinary truck drivers who transport material from one Company
location to another. All are paid on an hourly basis the same as
the production and maintenance employees. Though a number of
craft'unions appeared at the hearing under the representation pro-
vided by the A. F. of L., none claimed to represent truck drivers in
a unit apart from the production and maintenance employees. In
2 See Matter of The Cambria Clay Products Company and United Brick & Clay Workers of
America, Blackfork Local No. 879, A F of L, 42 N. L. R B 980.
s The truck drivers include the operator of a station wagon who transports both materials
and employees between plants. I
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GENERAL SHIP AND ENG'INE WORKS 1293
.accordance with our usual practice, and in the absence of any claim
for their separate representation, we shall include truck drivers in
the appropriate unit.4'
On the issue of including or excluding timekeepers from the ap-
propriate unit, the record discloses that while timekeepers do not
.determine or compute the pay'rates of production employees, they
furnish time records to the pay-roll department for,such purposes.
Timekeepers generally work in production departments with the men,
checking their time and the type of work done by each man in their
particular department. On the other hand, timekeepers as a gen-
eral rule do no production work. Moreover, their duties include the
checking of production employees to see that they are working.
Though timekeepers generally keep to their departments, it appears
that at one of the two plants timekeepers work-in an office which is a
part of the first-aid room. The record does not reveal the basis of
compensation for timekeepers. We are, of -the opinion that the time-
keepers have not sufficient interests in common with the production
and maintenance employees to warrant their inclusion in the appro-
priate unit. We shall accordingly exclude the timekeepers from such
unit.5 i
. There remains for consideration, the question of including or ex-
cluding toolroom clerks from the appropriate unit. These employ-
.ees work in tool cribs located throughout the two plants. Their func-
tion is to hand out tools to. employees from whom in return they re-
,ceive certain checks. In addition thereto, toolroom clerks keep rec-
ords as to the whereabouts of the tools and which employees have
them. While the tool department is separate from any other depart-
ment, the Company has recently transferred employees from certain
other departments to the toolrooms 'to handle tools relating to their
particular departments. Employees thus transferred retain their
former pay and classification though now performing the work of
-toolroom clerks. The latter, like production and maintenance em-
ployees, are paid upon an hourly basis. Toolroom clerks exercise. no
supervision over other employees. The work of toolroom clerks has
been brought closer to that of production employees by the creation
4 See Matter of Faries Manufacturing Company and Lodge 493, International Association
of Machinists, affiliated with the American Federation of Labor, 38 N. L R B 399; Matter
of Worthington Pump and Machinery Corporation, Mooie Steam Turbine Division and
International Association of Machinists, Lodge 1580,. A. F. of L, 44 N L R B 779
6 See Matter of The Atwood Machine Company and International Association of Machin-
ists (A. F. L.), 38 N. L. R B. 1270; Matter of Automatic Transportation Company, Division
of The Yale & Towne Mfg. Co. and International Union, United Automobile, Airoraft '&
Agricultural Implement Woi kers of America, affiliated with the C I 0 . 39 N. L It. B 898;
Matter of The Yale ,& Towne Jfanufactui ing Company and,Intarnational Association of Ma-
chinists Lodge 539 A. F. of L., 44 N. L . R B., 1259.
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1294 . DWSIONS OF NAITPON iL LABOR, R'ELATION'S BOARD
of tool and stock rooms in departments where production work is
carried on. , There iS^no.evidence that toolroom clerks do any clerical
work other than the' checking of tools and the incidental keeping of
records already referred to. Under the circumstances, we find that
toolroom clerks have substantial interests in common with produc-
tion `and maintenance employees. We shall, accordingly, include-
them within the appropriate unit.,
We find that all production and maintenance employees employed
by the Company at its Border Street and Orleans Street plants, East
Boston, Massachusetts, including truck drivers and toolroom clerks,
,but excluding,guards, firewatchers, expediters, draftsmen, surveyors,
first-aid. employees, foremen, assistant foremen, quartermen, leading
men and working leading men, timekeepers, office and clerical employ-
ees, and executives; constitute aunit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. Since the C. I. O. has made no showing of representation,
we shall not accord it a place on the ballot.
DIRECTION OF, ELECTION
By virtue of and pursuant to the po'wer vested in the National
Labor Relations Board-by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
i DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carl G. Hed-
blom and Byron C. Hedblom, Co-partners, doing business as Gen-
eral Ship and Engine Works, East Boston, Massachusetts, an elec-
tion by secret ballot shall be conducted as early as possible but not
later than thirty (30) days,from the date of this Direction, under the
direction and supervision of the Regional Director for the First Re-
gion, acting in this matter as agent for the National Labor Relations
6 See Matter of Port Houston Iron Works and International Brotherhood of Boiler-
makers, - Iron ,Shipbuilders, Welders & Helpers of America, Local No. 74 and International
Association of Machinists, Local No . 832, 46 N L R. B. 155.
GENERAL SHIP AND ENGINE WORKS 1295
Board, and subject to Article III, Section 10, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in
the-armed forces of the United States who present themselves in
person at the polls, but excluding employees who have since quit or'
been discharged. for cause, to determine whether they desire to be
represented by Mutual Shipworkers' Union, or by the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
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